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2025 DAILYLAW 30201 (ALL)

M/S SHRI KRISHNA BRICK INDUSTRY v. STATE OF U.P. AND 5 OTHERS

WRIC/8666/2025 · 2025-07-02

Ashwani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103552-DB Court No. - 40 Case :- WRIT - C No. - 8666 of 2025 Petitioner :- M/S Shri Krishna Brick Industry Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pradeep Kumar Yadav Counsel for Respondent :- C.S.C.,Somya Chaturvedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. This writ petition is directed against the recovery certificates contained in Annexure-1 to the writ petition, whereby various amounts are sought to be recovered from the petitioner. 2. The basis of recovery is certain reports of the Pollution Control Board. The writ petition has been filed primarily on the ground that no opportunity of hearing was given to the petitioner before determining the liability and that the provisions of principles of natural justice have been violated. 3. Taking cognizance of the grievance raised in the writ petition, this Court proceeded to pass the following order on 20.5.2025:- "1. Learned Standing Counsel prays for and is granted three days' further time to obtain complete instructions in the matter. 2. On the next date fixed, the Standing Counsel shall submit his instructions, regarding the issue as to whether any show cause notice was issued and objections were invited from the petitioner and further whether any order, considering the objections of the petitioner, has been passed. 3. Necessary documents, in support of the instructions, should also be submitted before this Court on the next date fixed. 4. Put up on 27.5.2025 as fresh." 4. Since the instructions furnished by the State counsel were not found satisfactory, as such on the subsequent date i.e. 27.5.2025, this Court directed the officer concerned to remain present before this Court. The concerned Additional District Magistrate is present before the Court, who admits that no notices were issued to the petitioner before determining the liability of dues. 5. Law is well settled that no order carrying civil consequences can be passed without affording opportunity of hearing to the person concerned. Since, the impugned recovery certificates have been issued without apprising the petitioner of the basis of such demand and without affording opportunity of hearing, as such, the impugned recovery proceedings are found to be violative of principles of natural justice. 6. Consequently, this writ petition succeeds and is allowed. The recovery certificates dated 10.8.2021, 11.8.2021, 13.8.2021, 31.8.2021 and 17.9.2021 are quashed. Liberty stands reserved to the respondents to proceed afresh in accordance with law. 7. The personal appearance of the officer concerned is dispensed with. Order Date :- 3.7.2025 sfa/ Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad